In 2019 a Mr Easton applied for a role with the Home Office to work in the Border Force. As part of that process he was required to fill in (without guidance) a blank box headed “Employment History” which he completed with details of prior roles held and the years in which each had begun and ended. While that information was true as far as it went, Easton’s taking that approach had the side-effect of obscuring that in 2016 he had been dismissed for gross misconduct and then been unemployed for three months, both matters which he accepted in cross examination in the Tribunal that the Home Office could well regard as relevant.
As indeed it did, for on its subsequent discovery of Easton’s 2016 dismissal, the Home Office sacked him in 2020 for his alleged lack of honesty in omitting from the application form the details necessary for it to identify any gaps in his employment.
Easton brought a welter of claims against the Home Office including unfair dismissal, victimisation, retaliation for whistle-blowing, and discrimination on grounds of both age and disability. By the time he reached the Employment Appeal Tribunal earlier this month, all his other claims had been abandoned or rejected and the question under appeal had been whittled down to a single issue, though phrased in a number of different ways – (i) did the Home Office have reasonable grounds to believe that his presentation of his employment history had been a deliberate and dishonest attempt to obscure the fact and...
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